understand why the Colorado board of health did not subject all persons coming thence to the restrictions it imposed upon two nationalities exclusively. Speaking for my countrymen only, and confining my remarks to recent events in San Francisco, I am confident that it can be asserted without fear of refutation that there is not the slightest proof that Japanese subjects resident in that city have been exposed, either as a community or as individuals, to infection from the plague to any greater extent than any other class of residents. Governor Thomas is also mistaken when he intimates that any Japanese subject died or was reported as infected during the recent excitement concerning the plague in San Francisco. The only case of the kind that ever occurred there, to my knowledge, was that of the two stowaways on the steamer Nippon Maru, who were drowned in an attempt to escape from that vessel when she was quarantined in June. 1899. After a confessedly superficial examination the local health authorities stated that they had discovered "bacilli resembling the bacilli of bubonic plague," but this statement was not treated seriously by the expert of the Marine-Hospital Service stationed at San Francisco, and he did not hesitate to publicly declare disbelief in the assumption that the deceased had been afflicted with bubonic plague. This review of the facts seems to me to demonstrate that nothing which has occurred in San Francisco justifies the action of the Colorado board of health or adequately explains the discrimination it imposed upon Japanese subjects. Moreover, as already stated, the discrimination extended not only to Japanese travelers from San Francisco, but also to those from all other points. Without intending any disrespect to Dr. Tyler, I beg to say that his explanation of the danger to he apprehended from persons afflicted by the plague traveling to Colorado by circuitous routes lacks reasonable probability, and only serves to accentuate the apparent intention of the board of health to exclude all Japanese subjects from Colorado except upon conditions not made applicable to Americans or Europeans. This, I respectfully submit, is most distinctly racial discrimination. The question whether it was competent for the State of Colorado to discriminate in any manner against Japanese subjects, no matter upon what pretext, is one upon which I have no desire to enlarge further than to again call attention to the treaty stipulation which guarantees to Japanese subjects in the United States the same liberty of travel as is enjoyed by its citizens. Acts, however originating, which abridge or abrogate that right are, it seems to me, violations of the stipulation guaranteeing it, and to that extent unlawful so long as the treaty remains in force. Governor Thomas remarks, in the communication from which you do me the favor to quote, that the authorities of Colorado have no desire to do anything which is contrary to their powers, but that they must insist upon their right to establish quarantine regulations to protect the people of Colorado against the invasion of the plague. Permit me to say in reply that the Imperial Government has no wish, and certainly claims no right, to express an opinion regarding quarantine measures adopted by the State of Colorado for the protection of its citizens when such measures do not interfere with the exercise of rights guaranteed to Japanese subjects by the Government of the United States. It is not out of place, however, in this connection to ask the attention of Governor Thomas to the decision rendered by the circuit court of the United States in California with reference to the quarantine regulations recently enforced at San Francisco, for that decision proceeds upon even broader grounds than that upon which my representations rest. The Imperial Government, I hardly need add, has no intention of demanding any privilege for Japanese subjects which will endanger the safety of the citizens of Colorado, and asks for them no other or more favorable treatment than is accorded to citizens of the United States and to aliens generally. But the Imperial Government will unquestionably consider that through the action taken by the Colorado board of health a right guaranteed to Japanese subjects has been rendered temporarily inoperative for unsatisfactory reasons and upon insufficient authority. And although the present cause of complaint may have been removed, it will, I am convinced, regard it as occasion for sincere regret if the present correspondence is terminated without arriving at a distinct understanding on this and all the other points involved. I may add that, bearing in mind the scrupulous regard for treaty obligations which has always characterized the intercourse of our countries, as well as the specific assurance to which I had the honor to allude in beginning this note, the Imperial Government will hopefully anticipate that all possible steps will be taken to prevent the recurrence of action like that of the Colorado authorities. Referring to the concluding paragraph of Mr. Hill's note of the 29th ultimo, I beg to say that I shall take pleasure in informing my Government of the friendly sentiments it expresses. At the same time it is only proper that I should state that, in my opinion, the Imperial Government, while cordially reciprocating those sentiments, will not find it possible to agree to the proposition that the geographic origin of the Japanese people affords adequate reason for the treatment to which our countrymen have been subjected in California and Colorado. The bubonic plague did not appear in Japan until about two years ago, and has never been seriously epidemic. The successful efforts which have been made to hold it in check, as well as the hygienic precautions taken, give ample promise that it will never become endemic. In this age of rapid communication Japan is in no greater danger from the original source of infection than the world in general, and there is certainly nothing to show that her people are more susceptible to the ravages of the disease than the peoples of other countries. The plague makes no distinctions in nationalities, as its history proves and as has been shown by the experience of every country where unhappily it has found lodgment. In Sydney, for example, where there have been 200 cases since January of this year, there have been only three victims among the relatively large number of residents of Asiatic origin. Accept, etc., K. NABESHIMA. No. 48.] Mr. Hay to Mr. Nabeshima. DEPARTMENT OF STATE, SIR: I have the honor to acknowledge the receipt of your note, No. 29, of the 12th instant, replying to the report of the secretary of the Colorado State board of health, and the comments of the governor of that State thereon, touching the alleged discrimination against Japanese subjects in the enforcement of quarantine against bubonic plague. In reply I beg to inform you that your note has been communicated to the governor of Colorado for his appropriate consideration. Accept, etc., Memorandum. JOHN HAY. JAPANESE LEGATION, October 4, 1900. It is understood from the conversation with Dr. Hill on October 1 that the Government of the United States do not find it convenient to take any punitive measure against the medical officials at San Francisco, inasmuch as they acted on the directions of the superior authorities; nor can they guarantee against the recurrence of the like event, owing to the peculiar relations between the Federal and State governments, which are based on their respective constitutions. It is, however, desirable to know, for the information of the Japanese Government, whether the United States Government are prepared to assure officially that because they had no intention in the enforcement of the quarantine to discriminate against Japanese subjects, and, moreover, because the action of the medical officials at San Francisco was found illegal by the judgment of the district court, which judg ment was accepted by the authorities concerned, these facts may be looked upon as a sufficient proof that the United States Government have now concurred with the Japanese Government in the views as represented through the legation in the question of the treaty rights of Japanese subjects in this country. As regards the quarantine in Colorado, it is also necessary to know whether the United States Government desire that the Japanese Government will be satisfied with the fact that by inviting "appropriate consideration" of the governor of that State to the representations of the Japanese legation, as stated in the note of the State Department of the 16th July last, the Federal Government had meant to suggest him to restrain from the action unfit to a reasonable solution of the question and that the governor has not since then raised any objection in the matter until the quarantine was at last raised. It seems, furthermore, not to be unreasonable on the part of the Japanese Government to expect that if the United States Government can not, for the constitutional reasons, guarantee absolutely against the recurrence of such event as referred to, they may assure to omit no effort as far as lies in their power to prevent its repetition. Memorandum in response to the memorandum of the Japanese minister, dated October 4, 1900, in regard to Federal and State measures of quarantine in as far as they say affect Japanese subjects. 1. As to the complaints growing out of the enforcement of certain quarantine measures against Japanese at San Francisco. The United States Government can with pleasure assure the Japanese Government that there was no intention, in the enforcement of those measures, to discriminate against Japanese subjects. The treaty rights of Japanese subjects in the United States, as defined in Article I of the treaty of 1894, are subject to the proviso of Article II * * * That the stipulations contained in the preceding article do not in any way affect the laws, ordinances, and regulations with regard to trade, the immigration of laborers, police, and public security, which are in force or which may hereafter be enacted in either of the two countries. In the California case the decision of the Federal court did not touch upon the question of violation of treaty rights, but was based upon the ground that the regulations discriminated against the Asiatic races exclusively, among other things denying them the privilege of traveling from one place to another, except upon conditions not enforced against any other class of people. This was held by the court to be unconstitutional. The action of the Federal and State authorities there since has been shaped accordingly. As the decision of the court is consistent, but on a different line, with the Japanese contention that the treaty rights of Japanese in California have been violated, and as this Government is bound by the decision (unless the Supreme Court, in last resort, should in some future case determine differently), its course, both as regards its own acts and the representations it may appropriately make to the State governments in any given case, would necessarily coincide with the view of the Japanese Government as to the treaty rights of Japanese subjects in this country in the matter which gave rise to the recent discussion. 2. As to the Colorado case, in inviting the governor of that State to give appropriate consideration to the representations of the Japanese legation, as stated in the note of the State Department of July 16 last, it was the intention of this Department to suggest to the governor to refrain from any further action inappropriate to a reasonable solution of the question. No case has arisen since that time requiring the governor's action. While the Government of the United States can not, for the constitutional reasons heretofore explained, give guarantee against the . recurrence of cases like that in Colorado, it will continue, as in the past, to use all efforts in its power to prevent their occurrence and bring about their reasonable solution in Colorado or elsewhere. DEPARTMENT OF STATE, Washington, October 13, 1900. LANDING, BY COURTESY, OF UNITED STATES TROOPS IN JAPAN. Mr. Buck to Mr. Hay. UNITED STATES LEGATION, SIR: As a matter of some interest, I have the honor to report that the steamship transport Grant, with the Forty-eighth Regiment United States Infantry (colored), under command of Col. William P. Duvall, arrived in Yokohama on the 11th instant, remaining some days to coal, and departing yesterday for Manila. By the courtesy of the Japanese Government Colonel Duvall was permitted, on Saturday, the 13th instant, to take his regiment ashore with arms and hold a dress parade and drill on one of the public squares of the city, much to the gratification of American citizens there and to the pleasure of the people of Yokohama of all nationalities. I had the pleasure of witnessing the parade and drill. Considering the fact, as stated by Colonel Duvall, that his men had not had their rifles in hand since leaving San Francisco, twenty-two days before, and of course had done no regimental marching or drilling, the execution of the march and manual of arms was astonishingly good. The regiment was in good health and spirits, and the soldierly bearing and general appearance of the men were all that could be desired. This, as I am informed, is the first armed body of soldiers of any nationality ever permitted to land and parade at any port in Japan. Such a marked courtesy extended to our troops is very gratifying, and it was hardly to be expected. I have, etc., A. E. BUCK. PASSPORT APPLICATION OF A. M. TRACEY WOODWARD, BORN ABROAD OF AMERICAN PARENTS, AND STILL RESIDING WITHOUT THE UNITED STATES. Mr. Buck to Mr. Hay. No. 404.] UNITED STATES LEGATION, SIR: I have the honor to state that on December 26 last I received from the United States consul at Kobe an application in duplicate for a citizen's passport for Mr. A. M. Tracey Woodward, of date the 22d of that month. The application showed that Mr. Woodward was born in South Africa, of American parents, and is now 24 years of age; that he had never been in the United States and had no domicile there; his occupation was not mentioned, and his intention to return to the United States was stated to be "within my (his) lifetime." The seal of the consulate had not been affixed to the application, presumably by oversight. The application was accompanied by an expired passport issued by the United States minister at Pekin, apparently soon after Mr. Woodward had reached his majority. On returning the application to Mr. Lyon I pointed out the abovementioned deficiencies in the evidence, and expressed the hope that Mr. Woodward might be able to renew his application in harmony with the requirements of the Department of State, as set forth in the application forms, which I had no authority to change. On the 10th ultimo I received a second dispatch from Mr. Lyon, inclosing a letter to me from Mr. Woodward (inclosed), from which I inferred that the latter was acting in good faith, and upon the strength of which I invited him to renew his application on the lines indicated therein. On the 8th instant I received another application in duplicate, through Mr. Lyon, made out in the same form as the first application |